§ 16-11-312 — Burglary; second degree.

(A) A person is guilty of burglary in the second degree if the person enters a dwelling without consent and with intent to commit a crime therein. (B) A person is guilty of burglary in the second degree if the person enters a building without consent and with intent to commit a crime therein, and either: (1) When, in effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime: (a) Is armed with a deadly weapon or explosive; or (b) Causes physical injury to any person who is not a participant in the crime; or (c) Uses or threatens the use of a dangerous instrument; or (d) Displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or (2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or (3) The entering or remaining occurs in the nighttime. (C)(1) Burglary in the second degree pursuant to subsection (A) is a felony punishable by imprisonment for not more than ten years. (2) Burglary in the second degree pursuant to subsection (B) is a felony punishable by imprisonment for not more than fifteen years, provided, that no person convicted of burglary in the second degree pursuant to subsection (B) shall be eligible for parole except upon service of not less than one-third of the term of the sentence.

Legislative History

HISTORY: 1985 Act No. 159, SECTION 2; 2010 Act No. 273, SECTION 11, eff June 2, 2010.